AK · jury_instructions
Alaska Civil Pattern Jury Instruction 24.12B
Liability for Restitution and Measure of Restitution Damages to Defaulting Plaintiff
Even [if/though] [plaintiff] breached [his her its] contract with [defendant], [plaintiff] claims that [defendant] should be required to pay [plaintiff] for the benefit that [defendant] received through [plaintiff’s] [describe plaintiff’s activity alleged to benefit defendant].
In order to find that [plaintiff] is entitled to payment on this basis, you must find that it is more likely true than not true that:
(1) [Plaintiff]’s [describe activity] benefitted [defendant]; and
(2) The monetary value of this benefit exceeded any financial loss that [defendant] sustained as a result of [plaintiff]'s breach of the contract. I will tell you in a moment how to determine the amount of [defendant]'s loss.
If you find that both of these elements are more likely true than not true, you may award [plaintiff] the amount by which the value of the benefit to [defendant] from [plaintiff]’s [describe activity] exceeded any financial loss sustained by [defendant] as a result of [plaintiff]’s breach of the contract. However, you may not award [plaintiff] an amount that is greater than the amount that [plaintiff] would have received under the contract if [plaintiff] had fully performed the contract.
[Plaintiff] must establish the amount claimed as damages with reasonable certainty. An award of damages must be based on evidence, and not on speculation, guesswork or conjecture.
History
Alaska Civil Pattern Jury Instructions 24.12B, dated (Revised 2022). Prepared by the Alaska Civil Pattern Jury Instructions Committee; published by the Alaska Court System. The Alaska Court System states that these instructions "have not been approved or promulgated by any court or the Alaska Bar Association."
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
28ad9f45a557235d8f9172a42858f174cd4fc719ce6780d38ddc75fa0ef5e5e8
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